Legal Question in Civil Litigation in New York
rentors right to break lease if no heat provided
We leased an apt in a multi-family bldg in Brooklyn in 7/2006.The apt was a duplex apt on the 2nd fl & 3rd fl.In Oct 06, there was a cold wave and we found out that the heater (which he designated in the lease came from the floor) didn't work Also, the heat on the 2nd floor didn't work. The timer and thermostat were broken. We sent numerous emails (15 )to the owner (who lives in Israel) that we didn't have heat. He never responded. We told him we wouldn't pay the rent until he provided heat, and if he doesn't do it in two months we are leaving. We left 3 months later. He evicted us at that time, but we left before we knew we were evicted because he never served us properly. We had numerous other problems in the apt. We couldn't put the electric or gas bill in our name because of a shared meter situation. We had many notices from Con Ed that the electricity would be turned off. He owes over $9,000 to Con Ed and over $4,000 to Keyspan. He is now suing for the remainder of the lease. In the NY court he sued for eviction and $5,000.We said he could keep our $5,000 dep. He never pursued in NYC and it was taken off calender; but, he is still suing us for the balance of the lease. Per NYC law, can he sue 4 the bal of lease.
2 Answers from Attorneys
Re: rentors right to break lease if no heat provided
We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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STEVEN J. CZIK, P.C.
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Re: rentors right to break lease if no heat provided
Yes.
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